“Since non-compete obligations are generally considered to be trade restrictions, they are likely to be void and can only be implemented to the extent that they are proven to be reasonable.” Easy Returns Midwest, Inc. v. Schultz, 964 S.W.2d 450, 453 (Mo.App.1998). “The question of acceptability is a question of law depending on the subject matter of the contract and the existing circumstances.” West Group Broadcasting, Ltd v Bell, 942 s.W.2d 934, 937 (Mo.App.1997). See also Kessler-Heasley, 90 P.W.3d at 186. “In practice, a non-competition clause makes sense if it is not more restrictive than is necessary to protect the legitimate interests of the employer.” Gesundheitswesen v. Copeland, 198 S.W.3d 604, 610 (Mo bench 2006). To enforce an agreement, an employer must demonstrate that the agreement is appropriate both locally and over time. Id.; Easy Returns, 964 S.W.2d to 453. In addition, competition bans may only be imposed to protect certain narrowly defined and recognised interests, in particular contacts with customers and trade secrets. Healthcare Services, 198 S.W.3d-610; Easy Returns, 964 S.W.2d to 453.
See also Osage Glass, Inc. v. Donovan, 693 p.W.2d 71, 73-75 (Mo bench 1985); Schmersahl, Treloar &Co., P.C. v. McHugh, 28 S.W.3d 345, 349 (Mo.App.2000). In this regard, the obligations not to compete are “enforceable only to protect against unfair use of contact with customers or trade secrets”. Victoria`s Secret v. May Dept.
Blinds, 157 S.W.3d 256, 262 (Mo.App.2004). 8. Throughout the applicant`s employment with the defendants, the applicant acted as a distributor. In this capacity, he had regular contact with the defendant`s clients and stakeholders in the course of its activities. As part of his work, he met regularly with interested parties and interested parties. He regularly spoke to the interested parties about the transport of their goods. As has already been said, a non-competition agreement can only be applied to protect against the unfair use of trade secrets. Victoria`s Secret, 157 S.W.3d to 263.
An agreement shall not apply if no confidential information has been communicated to the worker or if the confidential information available to the worker would not confer a competitive advantage on the new employer over the former employer. .